The Volo Project is dedicated to providing ABI Members with the most timely bankruptcy decisions from the U.S. Courts of Appeal. A team of member volunteers provide a summary of each new opinion within 24 hours of their release. Each summary includes the full text of the opinion. Members can sign up for email alerts from their circuit, or the whole country! Not a member? Try Volo free for 30 days.

In re Blendheim, No. 13-35354 (9th Cir. Oct. 1, 2015).

Citation: 
In re Blendheim, No. 13-35354 (9th Cir. Oct. 1, 2015).
Ruling: 
A discharge-ineligible chapter 13 debtor may avoid a lien under section 506(d) after the bankruptcy court has disallowed the creditor’s proof of claim.
Judge(s): 
Richard A. Perez, Jay S. Bybee, and Consuelo M. Callahan, Circuit Judges. Opinion by Judge Bybee.
Read on...

Southwest Securities, FSB v. Segner, Jr.

Citation: 
Case No. 14-41463 (5th Cir. Dec. 29, 2015)
Ruling: 
AFFIRMED by 5th Circuit. In reviewing the origins of the "primarily for the benefit of" language from In re Delta Towers, Ltd., 924 F.2d 74, 76 (5th Cir. 1991) requirement of Section 506 (c), the Court held that while an ...
Judge(s): 
Benavides, Dennis and Costa, Circuit Judges.
Read on...

Statek Corp. v. Development Specialists, Inc. (In re Coudert Brothers LLP)

Citation: 
14-3688-bk
Ruling: 
If the Circuit Court of Appeals elects to consider a new argument on appeal, then on remand, the lower court may not ignore the Court of Appeal's ruling on the basis that it relied on a non-cognizable "new argument."
Judge(s): 
Cabranes, Pooler, and Chin
Read on...

Anderson v. Seven Falls Co.

Citation: 
Anderson v. Seven Falls Co., Case No. 14-1515 (10th Cir. December 31, 2015). Unpublished.
Ruling: 
A chapter 7 trustee’s recovery in an estate's personal injury lawsuit is limited to the amount needed to satisfy creditors’ claims and trustee’s fees and expenses. Determination of the trustee’s fees and expenses may not be merely a collateral ...
Judge(s): 
Briscoe, Lucero, McHugh
Read on...

Fonseca v. Government Employees Association

Citation: 
1st Cir. BAP No. PR-15-033
Ruling: 
Bankruptcy court's grant of summary judgment to the creditor affirmed.
Judge(s): 
Deasey (author), Feeney and Carey.
Read on...
Syndicate content